The Florida Society of Anesthesiologists has filed a False Claims Act action against Gastroenterologists, Endoscopy Centers, physicians and others alleging that they engaged in kickback schemes that ultimately defrauded the federal and state health care programs. The Complaint, recently unsealed, says that the kickback schemes were used to ensure that ambulatory surgical centers exclusively used the anesthesiologists who were paying kickbacks to the surgical centers despite the fact that the patients were not informed and to the detriment of the patients.

The Complaint states: ” This case involves fraudulent arrangements whereby physician owners of ambulatory surgical centers (“ASC’S”) own and operate anesthesia companies that provide services to ASC patients and that pay profits (kickbacks) to the ASC owners in violation of the law. ”

In addition, the Complaint alleges that the physician owners sought to maximize the kickbacks by substantially increasing the amount of anesthesia rendered to the patients. This was a potential harm to the patients the Complaint states.

Other states are examining the financial arrangements between gastroenterologists and anesthesiologists who provided services during endoscopies and coloniscopies.